S.B. 8 - Diabetes and School Care in Utah

S.B. 8

S.B. 8
CARE OF STUDENTS WITH DIABETES IN SCHOOL
2006 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Patrice M. Arent
House Sponsor: Margaret Dayton
Cosponsors:
Ed Mayne
D. Chris Buttars
Karen HaleHoward A. Stephenson
Mike Dmitrich
David L. Thomas
Gene DavisMark B. Madsen
Scott D. McCoy
Fred J. Fife 11
12 LONG TITLE
13 General Description:
14 This bill directs a public school to train school personnel who volunteer to be trained in
15 the administration of glucagon in an emergency and permits a student to possess or
16 possess and self-administer diabetes medication, when requested by parents.
17 Highlighted Provisions:
18 This bill:
19 . provides definitions;
20 . requires a public school, when requested by parents, to train school personnel who
21 volunteer to be trained in the administration of glucagon in an emergency;
22 . establishes requirements for the training;
23 . provides trained school personnel with:
24 . authority to administer glucagon in an emergency; and
25 . immunity from liability;
26 . exempts the administration of glucagon from other statutes;
27 . requires the Department of Health, in cooperation with the state superintendent of
28 public instruction, to create certain forms; and

29 . directs a public school to permit a student to possess or possess and self-administer
30 diabetes medication under certain conditions.
31 Monies Appropriated in this Bill:
32 None
33 Other Special Clauses:
34 None
35 Utah Code Sections Affected:
36 ENACTS:
37 53A-11-603, Utah Code Annotated 1953
38 53A-11-604, Utah Code Annotated 1953
39
40 Be it enacted by the Legislature of the state of Utah:
41 Section 1. Section 53A-11-603 is enacted to read:
42 53A-11-603. Administration of glucagon -- Training of volunteer school personnel
43 -- Authority to use glucagon -- Immunity from liability.
44 (1) As used in this section, "glucagon authorization" means a signed statement from a
45 parent or guardian of a student with diabetes:
46 (a) certifying that glucagon has been prescribed for the student;
47 (b) requesting that the student's public school identify and train school personnel who
48 volunteer to be trained in the administration of glucagon in accordance with this section; and
49 (c) authorizing the administration of glucagon in an emergency to the student in
50 accordance with this section.
51 (2) (a) A public school shall, within a reasonable time after receiving a glucagon
52 authorization, train two or more school personnel who volunteer to be trained in the
53 administration of glucagon, with training provided by the school nurse or another qualified,
54 licensed medical professional.
55 (b) A public school shall allow all willing school personnel to receive training in the
56 administration of glucagon, and the school shall assist and may not obstruct the identification
57 or training of volunteers under this Subsection (2).
58 (c) The Utah Department of Health, in cooperation with the state superintendent of
59 public instruction, shall design a glucagon authorization form to be used by public schools in

60 accordance with this section.
61 (3) (a) Training in the administration of glucagon shall include:
62 (i) techniques for recognizing the symptoms that warrant the administration of
63 glucagon;
64 (ii) standards and procedures for the storage and use of glucagon;
65 (iii) other emergency procedures, including calling the emergency 911 number and
66 contacting, if possible, the student's parent or guardian; and
67 (iv) written materials covering the information required under this Subsection (3).
68 (b) A school shall retain for reference the written materials prepared in accordance with
69 Subsection (3)(a)(iv).
70 (4) A public school shall permit a student or school personnel to possess or store
71 prescribed glucagon so that it will be available for administration in an emergency in
72 accordance with this section.
73 (5) (a) A person who has received training in accordance with this section may
74 administer glucagon at a school or school activity to a student with a glucagon authorization if:
75 (i) the student is exhibiting the symptoms that warrant the administration of glucagon;
76 and
77 (ii) a licensed health care professional is not immediately available.
78 (b) A person who administers glucagon in accordance with Subsection (5)(a) shall
79 direct a responsible person to call 911 and take other appropriate actions in accordance with the
80 training materials retained under Subsection (3)(b).
81 (6) School personnel who provide or receive training under this section and act in good
82 faith are not liable in any civil or criminal action for any act taken or not taken under the
83 authority of this section with respect to the administration of glucagon.
84 (7) Section 53A-11-601 does not apply to the administration of glucagon in accordance
85 with this section.
86 (8) Section 53A-11-904 does not apply to the possession and administration of
87 glucagon in accordance with this section.
88 (9) The unlawful or unprofessional conduct provisions of Title 58, Occupations and
89 Professions, do not apply to a person licensed as a health professional under Title 58,
90 Occupations and Professions, including a nurse, physician, or pharmacist who, in good faith,

91 trains nonlicensed volunteers to administer glucagon in accordance with this section.
92 Section 2. Section 53A-11-604 is enacted to read:
93 53A-11-604. Diabetes medication -- Possession -- Self-administration.
94 (1) As used in this section, "diabetes medication" means prescription or
95 nonprescription medication used to treat diabetes, including related medical devices, supplies,
96 and equipment used to treat diabetes.
97 (2) A public school shall permit a student to possess or possess and self-administer
98 diabetes medication if:
99 (a) the student's parent or guardian signs a statement:
100 (i) authorizing the student to possess or possess and self-administer diabetes
101 medication; and
102 (ii) acknowledging that the student is responsible for, and capable of, possessing or
103 possessing and self-administering the diabetes medication; and
104 (b) the student's health care provider provides a written statement that states:
105 (i) it is medically appropriate for the student to possess or possess and self-administer
106 diabetes medication and the student should be in possession of diabetes medication at all times;
107 and
108 (ii) the name of the diabetes medication prescribed or authorized for the student's use.
109 (3) The Utah Department of Health, in cooperation with the state superintendent of
110 public instruction, shall design forms to be used by public schools for the parental and health
111 care provider statements described in Subsection (2).
112 (4) Section 53A-11-904 does not apply to the possession and self-administration of
113 diabetes medication in accordance with this section.

Legislative Review Note
as of 10-3-05 10:38 AM
Based on a limited legal review, this legislation has not been determined to have a high probability of being held unconstitutional.